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Question!!!

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NYMinute

Member
What is the name of your state? New York

I was working for a newspaper and sometimes we had to collect money from the advertiser so their ad could run that week.
I had one pizzeria that I stopped in to see and he said he used to run with the paper but couldnt because it was a CASH only basis. He said he had a receipt that showed he paid one of the weeks he advertised but it never got credited to his account. I took it to my newspaper and they credited his account, no questions asked. I then took him back as a customer and continued to collect cash every week from him. for about 6 months. Our finance department messed up numberous times crediting the wrong account, misplacing payments etc. Anyway, I left the company in December and they were NOT happy because I made my quota 11 months out of the 12 that I was there and made about 100K profit for them in the year I was there. Because their commission plan sucked, I found a better opportunity and left. This past week I get a letter in the mail from them saying that they can't find 2 of the weeks cash payments from this customer and I know I took the money and turned it in each week. They sent me copies of the receipts I gave the customer for $80 each and said they werent applied to the wrong account and they are pretty much placing the blame on me that I took the money. They said if I dont send $160 in 15 days, that they'll pursue LEGAL ACTION. First of all, it isnt about the money. I can send that to them, but it's the POINT! I turned in the money and after it left my hands, I have no control over where it's posted!!!! I'm very upset that they would pin this on me. It's been THREE months and one of the weeks in question was from NOVEMBER! I was still at the company til the end of December. Why didnt they say something back then??
What legal recourse do they have? Is it small claims court we'd go to? I want to fight this but to waste time and filing fees for $160 really pisses me off!!!!!
Sorry that this was so long but any help would be most appreciated!!!! THANK YOU KINDLY!
 


seniorjudge

Senior Member
NYMinute said:
What is the name of your state? New York

I was working for a newspaper and sometimes we had to collect money from the advertiser so their ad could run that week.
I had one pizzeria that I stopped in to see and he said he used to run with the paper but couldnt because it was a CASH only basis. He said he had a receipt that showed he paid one of the weeks he advertised but it never got credited to his account. I took it to my newspaper and they credited his account, no questions asked. I then took him back as a customer and continued to collect cash every week from him. for about 6 months. Our finance department messed up numberous times crediting the wrong account, misplacing payments etc. Anyway, I left the company in December and they were NOT happy because I made my quota 11 months out of the 12 that I was there and made about 100K profit for them in the year I was there. Because their commission plan sucked, I found a better opportunity and left. This past week I get a letter in the mail from them saying that they can't find 2 of the weeks cash payments from this customer and I know I took the money and turned it in each week. They sent me copies of the receipts I gave the customer for $80 each and said they werent applied to the wrong account and they are pretty much placing the blame on me that I took the money. They said if I dont send $160 in 15 days, that they'll pursue LEGAL ACTION. First of all, it isnt about the money. I can send that to them, but it's the POINT! I turned in the money and after it left my hands, I have no control over where it's posted!!!! I'm very upset that they would pin this on me. It's been THREE months and one of the weeks in question was from NOVEMBER! I was still at the company til the end of December. Why didnt they say something back then??
What legal recourse do they have? Is it small claims court we'd go to? I want to fight this but to waste time and filing fees for $160 really pisses me off!!!!!
Sorry that this was so long but any help would be most appreciated!!!! THANK YOU KINDLY!


Don't talk to them. If they sue you in small claims (or anywhere else) tell your story clearly and plainly to the judge. Demand strict proof on their part.
 

JETX

Senior Member
NYMinute said:
Why didnt they say something back then??
Rhetorical question... and not relevant.

What legal recourse do they have?
Lots, up to and including filing a lawsuit against you.

Is it small claims court we'd go to?
Presumably, however, they can file in any court that has jurisdiction.... including a higher court of record.

I want to fight this but to waste time and filing fees for $160 really pisses me off!!!!!
Better to be pissed off... then pissed on.
 

JETX

Senior Member
NYMinute said:
they can sue in a higher court for $160 and WITHOUT proof???
Absolutely. They can sue in any competent court of jurisdiction. And proof has nothing to do with filing a lawsuit.
 

NYMinute

Member
Ok, I've sent them a letter saying I'd pay 1/2 because I didn't have proof and neither did they....
for $80 I want to see what they'll do. I have a list of accounting errors that other reps gave me that they made....
I'll be shocked if they sue for $80 ....

but is it small claims court I'd go to?
 

You Are Guilty

Senior Member
NYMinute said:
Ok, I've sent them a letter saying I'd pay 1/2 because I didn't have proof and neither did they....
for $80 I want to see what they'll do. I have a list of accounting errors that other reps gave me that they made....
I'll be shocked if they sue for $80 ....

but is it small claims court I'd go to?
Yes. Small claims gets all cases "worth" less than $5,000.
 

You Are Guilty

Senior Member
If you're referring to either:
JETX said:
They can sue in any competent court of jurisdiction.
or
seniorjudge said:
Yes, if you lose at the small claims level, then you can appeal.
Then all that means is they would have to start in small claims for any case worth less than $5,000, and any subsequent appeals would go to the "Appellate Term", (which is just the appeals court for small claims cases made up of bored Supreme Court justices).
 

NYMinute

Member
Thank you for your help everyone. That helped.
It's not about the money, but the accusal and what I know is right!
I WANT them to prove I didn't turn it in.....Point Blank.
 

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